Terms of use

HOSTING

Aquaray SAS with a capital of 178 300 €.
RCS Créteil 447 997 099
Code APE 6311Z
Intracom VAT number: FR49447997099
Head office : 14 rue Jules Vanzuppe 94200 Ivry-sur-Seine, France

OBJECT

TopList Battle is a pop culture news site, that allows you to find out in a fun way about the preferences of the Users of the Site on various themes.
TopList Battle has no other objective than to entertain you and to invite you to discover the musical works, books, series, films, video games, etc… that are in the news.

Access to the TopList Battle service (hereinafter the “Service”) is possible subject to compliance by the User with the Terms of Use indicated below. It is recommended that you read the TOS each time you visit this Web site, as it may be changed at any time without notice.

ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

The use of the Service, whether it is free or requires registration and creation of an account to participate in the elaboration of the tops, entails the commitment of the User to respect the TOS.

When access to the Service is free, it may be suspended or terminated due to abuse in the use of the services. Any renewal of this free access will be subject to the express agreement of TopList Battle.

According to the evolution of the use of the Service, the User could be led to carry out tops, it will have to take care :

to accept the conditions of use of the third-party sites on which he can duplicate images of illustration for the realization of his tops;

not to infringe the intellectual property rights of the rights holders on these illustrations;

not to use images likely to harm the honor or reputation of individuals or legal entities;

to respect the themes of the tops, namely the universe of pop culture. Tops that are divisive, too political or likely to provoke hateful or abusive reactions may be deleted.
The use of the Service, whether free, open source, or require an account, is designed to meet reasonable and normal usage, in keeping with the values of TopList Battle: having fun and sharing our love of pop culture.

Within the framework of this activity, TopList Battle has the role of a content host in the sense of the law for the confidence in the digital economy of June 21, 2004, and does not carry out any preliminary control of the tops published on its site.

ACCESS TO THE SERVICE

TopList Battle undertakes to implement all the means allowing the User reliable and fast access to the Services.
The User declares to have accepted the costs as well as the limits specific to any connection to the Internet network. The User, informed of the minimum specifications communicated by TopList Battle, is responsible for accessing the Service in good technical conditions – hardware, software, telecommunications – in order to ensure in particular all the backup measures as well as the protection against possible intrusions.

The information contained on the site is accessible 24 hours a day, 7 days a week, subject to accidental interruption or necessary for the proper functioning of the service.
This interruption does not give rise to any compensation.

RESIGNATION

TopList Battle may terminate the Service at any time.

In case of non-compliance with the obligations defined herein, TopList Battle reserves the right to delete the account of the registered User, to prevent his re-registration, and to take any action and/or recourse to stop any infringement of his rights and to obtain compensation for the damage suffered.

The User may delete his account at any time by sending an e-mail to the following address: contact@toplistbattle.com.

The request for cancellation of the User will be taken into account by the Site as soon as possible.

INTELLECTUAL PROPERTY RIGHTS

All texts, logos, tops to which the Site gives access within the framework of the Service, are protected by copyright and by the right of databases, in accordance with the Code of the intellectual property.

The User is forbidden to use the Service for any purpose other than purely for entertainment purposes, as well as to publish, distribute or sell, in any way whatsoever, the content accessed and more generally to infringe, in any way whatsoever, the rights of TopList Battle.

The subscription to any form of access (creation of an account or tops) to the Service does not entail any transfer of property rights of any kind to the User.

The User is also prohibited from infringing in any way whatsoever the reproduction, representation, and other rights held by the Site and by third-party sites, including by application of Articles L.342-1 et seq. of the Intellectual Property Code relating to databases.
The User is prohibited from making any qualitatively or quantitatively substantial reproduction, extraction, or reuse of the contents of the database, as well as the repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the contents of the database.

Any other use not provided for in the Intellectual Property Code is subject to the prior written consent of TopList Battle.

The obligations stipulated herein are applicable for the entire duration of the intellectual property rights of the Site and for any country, including after the termination of the contract.

By offering tops on the Site, the user grants TopList Battle a license to the rights to the Content for the purpose of using the Content in the Service and distributing it to Users via the Sites and/or Applications.

RESPONSIBILITY

The User is solely responsible for the consultation, choice, use, and interpretation of the tops appearing on the Site.

When the User takes the initiative to create a Top, he or she shall ensure that at all times the information enabling the Top to be made is accurate, does not infringe the rights of third parties, does not contain any denigration or defamatory imputations, is not contrary to good morals, does not infringe on privacy or public order, and does not violate the provisions relating to press law and the protection of young people.
The Top may be customized according to the Site’s graphic charter and its distinctive signs.

The Host cannot be held liable for the creation of a Top by a User, either to third parties or to the User, unless it has been notified of a manifestly illegal infringement of rights.

The User is solely responsible for access to the Service and any use made of it before modification or cancellation of the means of access remains the responsibility of the User.

PRIVACY – PERSONAL DATA

The only purpose of the information collected when creating an account is to allow the User to have access to the previous tops in which he participated.
Only his email address is collected, the User is free to choose his nickname and add an avatar.

These usage data are collected only to improve the User experience.

In accordance with the regulations applicable to the protection of personal data, any person has the right to access, rectify, delete, limit, and portability of data if necessary and oppose the processing by contacting: contact@toplistbattle.com, subject to proof of identity if necessary.

APPLICABLE LAW – JURISDICTION

French law governs the TOS.

In case of dispute, only the courts of Paris will have jurisdiction and will be determined according to the rules of procedure.